R. Steven DeGeorge

Insurance Coverage

• Represents United Policyholders, the nation's leading advocate for policyholder rights, as amicus, in Radiator Specialty Co. v. Fireman's Fund Ins. Co., N.C. Court of Appeals, Case No. 19-638. This case of first impression in North Carolina concerns whether a standard CGL policy, once triggered by injury or damage during the policy period, provides coverage for a policyholder's liability in full up to policy limits ("all sums"), rather than some lesser, prorated amount. This is a question of immense importance to policyholders facing long-tail bodily injury and property damage claims in which insurers attempt to limit their coverage obligations.

• Represents policyholders in multiple state and federal court lawsuits seeking recovery of COVID-related losses. These cases present unsettled issues of insurance law and implicate hundreds of millions of dollars in potential insurance coverage, including Cato Corp. v. Zurich American Ins. Co., Mecklenburg County, NC Superior Court, Case No. 21-CVS-9525.

• Represents public company to secure insurance coverage for premises liability claims arising from fatal shooting at our client’s retail store. Estate of Goodman v. Pilot Travel Centers LLC, Mecklenburg County, North Carolina Superior Court, Case No. 23-CVS-14632. 

• Successfully sued insurer to recover public-company client’s attorneys’ fees incurred defending underlying catastrophic personal injury litigation in Texas. Martin Marietta Materials Inc. v. United Fire Group Inc., Wake County, North Carolina Superior Court, Case No. 24-CVS-000827-910.

• Regularly represents policyholders in claims to recover losses caused by data breach, ransomware, fraudulent wire transfers and other cybersecurity incidents.

• Represents policyholder in federal declaratory judgement case involving insurance coverage for losses arising from underlying securities class action litigation and shareholder derivative actions. Travelers Casualty and Surety Co. of America v. Jeld-Wen Holding Inc., et al., U.S. District Court, Western District of North Carolina, Case No. 3:21-cv-173. 

• Represents policyholder to secure insurance coverage for class action in Virginia Federal Court. Spendlove v. RapidCourt LLC, U.S. District Court, Eastern District of Virginia, Case No. 3:18-cv-00856.

• Successfully sued to recover losses resulting from underlying claim against client that provides clinical research services in the pharmaceutical, biotechnology and clinical device industries. Federal Ins. Co. v. Premier Research Group, U.S. District Court, Middle District of North Carolina, Case No. 1:19-cv-01051.

• Pursued recovery of environmental cleanup costs incurred by client/policyholder. The Travelers Indemnity Co. v. CommScope Technologies LLC, Cook County, IL Circuit Court, Case No. 18-CH-16550.

• Represents pharmaceutical manufacturer in insurance coverage lawsuit related to large number of underlying toxic tort claims. Broadview Investments LLC v. Amerisure Ins. Co., et al., U.S. Dist. Court, Middle District of Georgia, Case No. 3:22-cv-00101.

• Obtained favorable mediated resolutions of two related lawsuits seeking over $26 million in coverage under all-risk property policies sold to client, the owner of a luxury apartment complex, which included winning crucial choice of law ruling on behalf of client in the North Carolina Business Court. American Realty Advisors v. Lloyd's Underwriters, U.S. Dist. Court, Eastern District of North Carolina, Case No. 5:16-cv-940; SVF Weston Lakeside LLC v. Lexington Ins. Co., North Carolina Business Court, Case No. 18-CVS-5171.

• Secured client's coverage rights relative to underlying catastrophic injury tort action in Texas state court. Carrillo v. Caliber Collision LLC, Nueces County, Texas District Court, Case No. 2019-CCV-61387-2.

• Successfully sued insurer to obtain coverage for California toxic tort class action. ScentAir Technologies LLC v. CNA Financial Corp, Mecklenburg County, North Carolina Superior Court, Case No. 20-CVS-5726; 2019 NCBC 58.

• Recovered defense costs incurred by client defending underlying construction lawsuit in Florida. Mitsui Sumitomo Ins. Co. v. Travelers Property and Casualty Co., U.S. District Court, Western District of North Carolina, Case No. 1:15-CV-00207.

• Counseled client on a broad range of domestic and international insurance issues implicated by spinoff of $3 billion business.

• Prosecuted coverage action against client's primary, umbrella and excess insurers, seeking coverage for product liability claims in four nationwide class actions in Florida and Arizona. New NGC Inc. d/b/a National Gypsum Company v. ACE American Insurance Company, et al., U.S. District Court for the Western District of North Carolina, Case No. 3:10-CV-22.

• Represented international network infrastructure provider in insurance coverage dispute involving major cable television system in Ireland.

Toxic Tort, Product Liability & Environmental

• Represents alleged "arrangers," "operators" and "transporters" in many CERCLA and state law environmental cost recovery lawsuits across the United States. These engagements have included National Priority List sites in several states.

• Serves as national litigation coordinating counsel for defending product liability claims, including asbestos claims, against manufacturers of valves, building products and electric security systems.

• Represents public chemical manufacturer in multifaceted legal proceedings involving alleged contamination of air, surface water and groundwater with PFAS and other "emerging compounds." Matter involves multiple federal class actions, MDL litigation and state court litigation against state regulatory agencies.

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